By-law 100

Transcript

BY-LAW 100 As amended by By-law 100.2 By-law concerning the standards of safety and conduct to be observed by passengers in the rolling stock and immovables operated by or for the Société de transport de l'Outaouais WHEREAS the Société de transport de l'Outaouais wishes to have a new By-law concerning the standards of safety and conduct to be observed by passengers in the rolling stock and immovables it operates; WHEREAS for this purpose, the corporate secretary has prepared a draft By-law concerning the standards of safety and conduct to be observed by passengers in the rolling stock and immovables operated by or for the Société de transport de l'Outaouais; IN CONSEQUENCE THEREOF, it has, by a By-law of the Société de transport de l'Outaouais, been ordered and decreed as follows: SECTION 1 PREAMBLE The preamble is an integral part of this By-law. SECTION 2 DEFINITIONS In this By-law, unless indicated otherwise by the context, the following shall mean:  STO or Société Société de transport de l'Outaouais;  Bus A bus, minibus, taxi or any other vehicle used for passenger carriage services, operated by or for the Société;  Guide dog or service dog A dog trained by an organization recognized for this purpose to guide or assist a handicapped person;  Rapibus corridor The Rapibus corridor consists of a private road owned by the STO for the exclusive use of regular public transit, and is described specifically as a 15 km two-way lane for the exclusive use of buses along the railway corridor right-of-way from Lorrain Boulevard to Alexandre-Taché Boulevard, as shown on the map in Schedule 1 (available at sto.ca/publications).  Building, property A parking facility, bus terminus or other building or property that the Société owns or operates, namely as landlord, tenant or otherwise, including any stands, roads, turnarounds, waiting areas, ticket vending machines, ticket offices or other buildings relating to this building or property; As defined in this By-law, a property is also deemed to be any shelter, bus shelter, sign post or variable message sign system belonging to the Société;  Rolling stock A bus, minibus or any other vehicle used for passenger carriage, by or for the Société, including any vehicle used by an employee of the Société;  Handicapped person Any person with a disability as defined in section 1(g) of the Act to Secure the Handicapped in the Exercise of Their Rights (R.S.Q., chapter E.20.1);  Representative An employee or representative of the Société;  Inspector Any person authorized to act as an inspector pursuant to the provisions of Chapters VI and VII of the Act Respecting Public Transit Authorities (R.S.Q., chapter S-30.01);  Fare The price determined by a resolution of the Board of Directors that riders shall pay in order to use a vehicle of the Société to travel within the public transit system;  Pass A smart card, bus ticket, transfer or any other type of pass that may be issued by the Société against payment of the prescribed fare, or any other pass recognized by the Société that is valid and issued by an agency or authority empowered to do so;  Rider A person using the services offered by or for the Société;  Paratransit rider A person who qualifies for the paratransit services offered by the Société subsequent to a decision by the eligibility committee according to the conditions set out in the Paratransit Eligibility Policy from the Quebec Ministry of Transport;  Peak hours Period between 6 a.m. and 9 a.m. and between 3 p.m. and 6 p.m. from Monday to Friday in the direction of heavy traffic, except on statutory holidays. SECTION 3 APPLICATION This By-law applies to all persons on the rolling stock and all property operated by or for the Société. SECTION 4 GENERAL PROVISIONS 4.1 Subject to the Act and its Regulations, all persons have the right to use the Société's public transit system in safe conditions. 4.2 All persons on buses or property belonging to the Société shall comply with directions or instructions posted by the Société, instructions given by a representative, and, in general, comply with this By-law. SECTION 5 HANDLING OF ROLLING STOCK Only employees of the Société, or persons authorized by the Société, are permitted to drive or handle the Société's rolling stock or any mechanism or equipment attached to this rolling stock or that is part of the Société's facilities, except for devices installed for the use of riders. SECTION 6 OBJECTS FOUND ON BUSES OR STO PROPERTY Any objects found on a bus of the Société shall be given to the driver. Any objects found in a bus shelter or on property of the Société shall be given to a representative of the Société or brought directly to the Société's administration offices. SECTION 7 MOVING TO THE BACK OF THE BUS All riders on a bus shall move to the back in order to respect the safety zone identified by a line at the front of each vehicle and to make space to allow other riders to board. SECTION 8 GETTING ON AND OFF THE BUS All riders shall get on the bus using the front door, unless instructed otherwise. Whenever possible, riders shall use the rear door for getting off the bus. SECTION 9 COURTESY SEAT Riders on board buses of the Société who are seated in courtesy seats duly identified as such and which are reserved for persons with disabilities, senior citizens, pregnant women, persons with reduced mobility, persons with a "non-visible disability" sticker and riders with strollers, shall surrender their places to riders entitled to courtesy seating pursuant to the provisions of this section. SECTION 10 STROLLERS Riders with children's strollers can use public transit at any time. Riders must lift strollers onto the bus themselves and keep them under full control at all times. Strollers must be placed at the locations identified by a pictogram. If there is no space identified for strollers, or if these spaces are already occupied by persons entitled to use them, a stroller can stay open with the child remaining securely fastened in it, and the rider with the stroller must be able to keep full control of the stroller and at no time hamper the safety or movement of other riders. To be permitted to remain open, strollers must comply with the maximum width determined by the STO**. If a stroller cannot be placed such that it does not hamper the safety or movement of other riders, the child must be taken out of the stroller and the stroller must be folded. SECTION 11 WHEELCHAIRS Riders using wheelchairs or scooters on the regular system may only board buses identified by a pictogram for this purpose at stops that are similarly identified. After boarding the bus, riders must go to the designated space reserved for their use. The dimensions of wheelchairs and scooters must comply with the dimensions** determined by the STO. If riders are able to get on and off the bus unassisted, they can board any bus, even those not equipped with an access ramp. If the bus has a space reserved for wheelchairs, riders have priority to use this space. On buses with no space reserved for wheelchairs or on which the space for this purpose is already occupied by another rider entitled to use it, riders must be able to move from their wheelchair to a seat and stow the wheelchair so that it does not hamper the safety or movement of other riders at any time. If a wheelchair cannot be placed so that it does not hamper the safety or movement of other riders, it must be folded. Riders must keep full control of their wheelchairs at all times. ** Dimensions and safety conditions available at STO.ca/accessibilité SECTION 12 GOOD CITIZENSHIP On buses and property of the Société, no person shall: 12.1 Loiter, use insulting or obscene language, shout, engage in disputes or any other form of disorderly conduct, or generally disturb the peace or prejudicially affect public health and order. 12.2 Be bare-chested, barefoot or indecently dressed. 12.3 Disturb the comfort of riders by disregarding the basic standards of hygiene (dirtiness, odour, etc.). 12.4 Place feet on a seat in a bus or on Société property, or place on a seat any objects or substances that might cause soiling. 12.5 Sleep or lie on a bench, seat or floor of a bus or on any property of the Société or occupy the place of more than one person without a valid reason. 12.6 Fail to comply with instructions or pictograms posted by the Société. 12.7 Obstruct or hamper the movement of riders, in particular by standing, wearing a backpack for the duration of the trip, wandering about or loitering on a bus or building and/or property of the Société. 12.8 Smoke, or ignite a cigarette lighter, match or any other object emitting a flame or spark on any property or bus of the Société. 12.9 Except for Société representatives, play a radio or any other device that emits sound that can be heard by others on a bus or property of the Société. 12.10 Shout or talk very loudly so as to disturb other riders on a bus or property, namely when using cell phones. 12.11 Consume alcoholic beverages or any illegal substance on a bus or any building and/or property of the Société. 12.12 Use skates, skateboards, scooters, bicycles or any similar object on a bus or property of the Société, except in locations intended for this purpose. 12.13 Board a vehicle of the Société with skis, ski poles, sleds or toboggans during peak periods. 12.14 Transport in a vehicle any objects that are bulky or susceptible of injuring other riders unless the objects are properly packaged or attached together, carried in a safe manner and kept under control at all times by the person carrying them. Skates must be protected with skate guards. In all cases, objects may not occupy seats for riders. For safety reasons or pursuant to enforcement of this By-law, drivers may at any time require that objects be left in their possession for the duration of the trip. 12.15 Play games of chance or betting games. 12.16 Throw or otherwise act in a way that causes an object or liquid to hit or be spilled on a person or property. 12.17 Use electronic cigarettes in a manner that produces vapour or smoke. SECTION 13 OPERATIONS On buses and property of the Société, no person shall: 13.1 Refuse to move along when requested to do so by the bus driver, by any other representative of the Société or by a member of the police force. 13.2 Hold on to the exterior of a bus, or prevent or delay the closing of a bus door, or project hands or any other body part or object beyond the doors, windows or emergency exists of a bus. Climb onto the roof of rolling stock or a building. 13.3 Delay or damage the work of an employee of the Société. 13.4 Do anything that is intended to or would delay the departure of a bus or hinder its movement. 13.5 Board or attempt to board a bus by the rear door without the authorization of a representative of the Société. Attempt to board or get off a bus when it is moving. 13.6 The Rapibus corridor is a bus-only roadway whose lanes are defined in Schedule 1 (available at sto.ca/publications). Only STO buses used to transport people and vehicles used by Société employees are authorized to operate in the Rapibus corridor. Nevertheless, vehicles are permitted to operate in the Rapibus corridor in order to: a) Provide emergency, rescue or assistance services in the event of a fire, accident, natural disaster or similar incident; b) Maintain, restore or build the roadway. The use of inline skates, bicycles, unicycles, tricycles, scooters, wheelchairs or any other device or form of transportation in the Rapibus corridor is prohibited at all times. Pedestrians are prohibited from entering the Rapibus corridor, except at the pedestrian crossings provided for this purpose. SECTION 14 INTEGRITY OF PROPERTY On buses and property of the Société, no person shall: 14.1 Damage the property or buses of the Société, whether voluntarily or through negligence or omission. 14.2 Damage or affix any inscription, sign, drawing or other picture to goods or property of the Société, namely to any information or advertising boards placed in or on property of the Société or on any surfaces of a Société bus. 14.3 Soil a bus of the Société, or any buildings and/or property belonging to the Société. Leaving or abandoning any food, paper or other refuse of any kind, other than in containers provided for such purpose, is specifically prohibited. 14.4 Unless authorized, enter or walk around any property, land or buildings reserved exclusively for employees of the Société. Leave a car, truck, motorcycle, bicycle or any similar object, or any trailer that can be attached to such vehicles, on property of the Société for more than forty-eight (48) consecutive hours. Such objects are considered to be found items as defined in section 91 of the Act Respecting Public Transit Authorities (R.S.Q., chapter S-30.01). SECTION 15 WEAPONS AND HAZARDOUS MATERIALS On buses and property of the Société, no person shall be in possession of: a) Any offensive weapons, including edged weapons such as knives, swords, machetes, daggers or any similar objects; b) Any explosives or pyrotechnical materials, or any gas, liquid or hazardous or irritating materials, or any materials that emit an offensive odour or a container designed for their transport regardless of the contents of the container; c) Any object susceptible of causing injury to others or that could potentially contaminate others, such as syringes, unless they are kept in a closed container; d) Any firearms, except for police officers. SECTION 16 ANIMALS On buses and property of the Société, no person shall: Be accompanied by any animal, except a guide dog, service dog or a small domestic animal. In the case of domestic animals, riders must carry the animals in a closed cage on their laps, and must ensure that the animals do not soil the premises or bother other riders. SECTION 17 SOLICITATION On buses and property of the Société, no person shall: 17.1 Carry out any solicitation on rolling stock or property of the Société. 17.2 Exhibit, offer, distribute or carry out any representation by exhibiting, offering or distributing any books, newspapers, literature, pamphlets, folders or any other printed matter on rolling stock or property of the Société. 17.3 Offer for sale or rent any services or goods, or exhibit, distribute or show them, or perform any musical work or other show or performance on rolling stock or property of the Société. SECTION 18 FOOD AND BEVERAGES On buses of the Société, no person shall: Eat or drink, or have an open container with beverages or food. SECTION 19 FARES AND FARE COLLECTION 19.1 Riders shall pay the fare for their passage when boarding the bus, either by showing a valid pass or by paying, in legal tender, the exact fare required. Pennies and banknotes are not accepted. 19.2 Riders who pay the fare for their passage using a ticket or cash shall put the exact amount in the fare box themselves. 19.3 Riders who require a transfer shall ask for it when paying the fare for their passage. 19.4 All riders shall pay the exact fare for their passage, either by putting sufficient payment in the fare box themselves, or by showing the driver, inspector or any other Société representative on board or near the bus, a transfer or other valid pass that has been issued or approved by the Société. Bus drivers do not refund any overpayment. 19.5 No person shall insert in a fare box, ticket vending machine or a changemaker anything except Canadian coins or banknotes, payment cards or cash cards. 19.6 All holders of passes shall comply with the conditions of use as set out by the Société and as printed thereon, or as contained in any other related contractual document. 19.7 To benefit from reduced fares or certain privileges authorized by the Société, students, seniors and any other categories of riders defined by the Société shall carry with them at all times a personalized smart card issued by the Société, or any other card recognized by the Société, and show it when required. The cardholder's face must be visible and recognizable when the card is presented. If a religious reason is given for having the face covered, the holder's eyes must be open and visible, along with the cheeks and nose. 19.8 At any time, a bus driver or inspector may require proof of residency in Ontario from a rider with an OC Transpo pass. 19.9 No person shall: a) Obtain or attempt to obtain passage without paying the fare as set out in section 19.1; b) Obtain or attempt to obtain a pass in an unlawful manner; c) Falsify a pass; d) Use or attempt to use an expired or falsified pass; e) Take or have more than one transfer per rider. 19.10 No person shall sell, exchange or give away a personalized pass, or accept or use a transfer that has not been issued in exchange for payment of passage. 19.11 No person shall modify, alter, give away, sell or lend a personalized smart card that allows the holder to benefit from a reduced fare. SECTION 20 COMPLAINTS AND COMMENTS Under no circumstances may riders argue with the driver or any other representative of the Société on board or near a bus. All complaints or comments from riders shall be directed to the Société. SECTION 21 PENALTIES 21.1 Any person who contravenes the provisions of this By-law, in addition to any other penalties stipulated, shall be denied access to board the rolling stock or enter the property of the Société, or shall be removed therefrom, and shall not be entitled to any reimbursement. 21.2 The bus driver, representative of the Société or any other person duly authorized by the Société may deny access to the rolling stock or any other property of the Société to any person contravening this By-law or refusing to pay the full fare. If the violation occurs on board rolling stock of the Société, the offender may be removed immediately from the bus or at the next stop. The bus driver, inspector or authorized person may call for the assistance of a police officer at any time in order to remove the offender from the bus. 21.3 Any person who contravenes any one of the provisions of this By-law commits a violation and is liable to a fine of at least one hundred dollars ($100), but no more than five hundred dollars ($500), exclusive of costs. Any person who contravenes the same provision of the By-law again within 12 months of the first violation shall be liable to a penalty of at least two hundred dollars ($200), but no more than one thousand dollars ($1000), exclusive of costs. 21.4 In addition to the other penalties that apply under sections 21.1, 21.2 and 21.3, the bus driver, inspector or any other person authorized by the Société to act in this capacity shall confiscate the pass or similar document shown by a rider when the rider uses it or attempts to use it in a fraudulent manner. SECTION 22 LEGAL PROCEEDINGS The legal proceedings for any violations of this By-law shall be filed with the municipal court of the City of Gatineau. The fine shall be awarded to the Société and the costs awarded to the City of Gatineau. SECTION 23 EXCEPTIONS 23.1 The restrictions set out in the By-law shall not apply to an employee of the Société or any other persons mandated by the Société who, in the performance of their duties, carry out an act that is otherwise prohibited by this By-law. 23.2 Subsequent to the guidelines issued by the Board of Directors of the Société, the General Manager of the Société may authorize an exception to the enforcement of one or more provisions of this By-law. SECTION 24 RESPONSIBILITY FOR BY-LAW ENFORCEMENT Persons authorized to act inspectors pursuant to the provisions of chapters VI and VII of the Act Respecting Public Transit Authorities (R.S.Q., chapter S-30.01), are empowered to enforce this By-law. SECTION 25 REPEAL OF BY-LAW 60 This By-law repeals and supersedes By-law 60. SECTION 26 ENTRY INTO FORCE This By-law enters into force in compliance with the Act. By-law 100 adopted at the Board meeting on January 28, 2009. By-law 100.1 adopted at the Board meeting on September 25, 2013. By-law 100.2 adopted at the Board meeting on May 28, 2015.